Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Civil Judge fixed compensation as Rs.4.35 lakhs per acre after considering the fact that acquired land has potential to develop into housing sites, relying upon exemplar sale deed and after deducting one third as development cost - High Court enhanced deduction to half of the market..........
Stamp Act, 1899, Section 47A(1), 2(10) -- Plot allotted by PUDA in the year 1987 - Allottee applied for conveyance deed in the year 1999 - PUDA executed conveyance deed in the year 2005 - Held, stamp duty will be changed as per market value of the plot in the year 2005 - However, allottee cannot seek remedy against PUDA in respect of late registration of conveyance deed...........
Stamp Act, 1899, Section 2(10), 47A -- Release deed or conveyance deed - Co-owners transferring their shares to other co-sharers who had pre-existing right in the property - Not a transfer rather it only amounts to an extension of their existing share - It does not amount to a sale or conveyance - Held, it is a release deed...........
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5) -- Secondary evidence - Registered sale deed could not be traced in spite of search - Existence and loss of original sale deed proved - There is a presumption that a registered document is validly executed - No rebuttal to the said presumption - Held, the document in question is admissible in evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Direct conflict of interest - Defendant executed lease deed in favour of applicant during pendency of suit - Collusion between defendant and plaintiff so as to oust the applicant - Held, applicant rightly impleaded...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 111(g) -- Lease in perpetuity - No forfeiture clause - Once there is lease in perpetuity between the parties landlord can't seek eviction during pendency of lease - Where a lease deed does not contain a forfeiture clause contractual tenancy under TPA continues - Held,..........
Housing -- Plot allotment - Deficiency in service - Compensation - Despite deposit of full consideration amount sale deed not executed by the appellant in favour of the complainant - After keeping the amount for three years amount refunded after making deduction of Rs. 2500/ - from the amount - In view of the enormous increase of prices in three years an amount of Rs...........
Housing -- Sale of flat - Conveyance deed - Execution of deed - Plea that respondent/complainant has not implemented the assurance contained in his letter and not paid the additional sum of 15% of the total sale consideration - Contention of the respondent/complainant that agreement is fictitious and was never signed by him - Impugned order set aside and case remanded to..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Adoption deed duly registered - In view of S.16 of the Act the Court has to presume that the adoption has been made in compliance with the provisions of the Act unless and until it is disproved...........
